Constitutional Court will not be able to decide in cases like 'Ion Muruianu'

The Government today greenlighted a bill concerning the constitutional control exerted by the Constitutional Court. Under the bill, the presidential decrees, the parliamentary and government decisions {of individual nature} shall not be subject to constitutional oversight exerted by the Constitutional Court, the Ministry of Justice informed. If Parliament passes the bill, the Constitutional Court will not be able to decide in cases similar to Ion Muruianu's, who was discharged by Parliament from the post of Chief Justice on March 4. The Ministry of Justice argues that the exemption from constitutional oversight of the individual acts issued by Parliament, the President and the Government is in line with the provisions of the Law on the Constitutional Court, which says that subject of constitutional control shall be only the acts listed in Art.135 para.(1) letter (a) of the Constitution, that is, {of lawmaking nature}. Also, the bill proposes removing the authority of administrative courts to exert legal oversight over exclusively political documents issued by Parliament, President and the Government, as well as documents of individual nature, that is, concerning the appointment, election and dismissal of key public officials. According to the Ministry of Justice, the introduction of special rules for these particular cases does not contradict the principle outlined in Art. 20 of the constitution – free access to justice – since these rules result from the need to carry out some exclusively political actions that do not involve any employment dispute. The bill was proposed after the Constitutional Court on April 27 decided to revoke the decision of Parliament to dismiss Chief Justice Ion Muruianu, despite it being an administrative act of individual nature. In this sense, Minister of Justice Alexandru Tanase challenged the legality of the Court's decision and demanded its revocation.

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